Renting a Second Apartment for a Spouse Under Care

Q.For 47 years, my wife and I have lived in a rent-stabilized apartment on the Upper East Side. My wife now has dementia and needs constant care. I would like to rent a studio apartment in our building where she could live with her aides. I would be only an elevator ride away. Given my wife’s dementia, we cannot rent in her name and I am concerned I would not be allowed to rent a second apartment. Could a relative sign the lease in his or her name, but not live in the apartment? What options do we have?

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A. New York’s aging population is growing. In July 2016, almost 15 percent of Manhattanites, about 245,000 people, were 65 years old or older, up from 13.5 percent in 2010, according to United States census data. As New Yorkers age, many will face the dilemma that you and your wife are confronting: How do you care for a sick partner in an expensive city?

You have certainly raised a creative, and potentially feasible, solution.

People can (and do) rent more than one rent-stabilized apartment to expand their living space without breaking rent laws. So long as the apartments “are occupied as if they are one big primary residence” where you sleep in one apartment, but spend time with your wife in the other, then you would not violate rent-stabilization rules, said Samuel J. Himmelstein, a Manhattan lawyer who represents tenants. Think of it like rooms separated by an elevator.

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If the studio is market rate, a relative could sign the lease on behalf of your wife and the landlord would likely approve the arrangement, according to David A. Kaminsky, a Manhattan real estate lawyer. Ideally you would get the landlord’s approval in writing, since residential leases usually require the tenant to occupy the apartment. Talk to the landlord, explain the situation and propose your idea. Or, you could try to rent the apartment in your own name, as Mr. Himmelstein argues that if a market-rate apartment is used as additional living quarters, you should be allowed to occupy it. If you try this route, consult with a lawyer familiar with rent-stabilization rules.

If your wife moves into a separate market-rate apartment, the landlord would probably argue that she surrendered her rights to the apartment that the two of you shared, Mr. Kaminsky said. And should you die or vacate the apartment while she is living elsewhere, the landlord may argue that she has no right to move back. However, Mr. Himmelstein said that if she visits you regularly, she would retain her rights to the apartment.

A version of this article appears in print on September 24, 2017, on Page RE2 of the New York edition with the headline: Rent-Stabilized Tenants Consider A Second Apartment for Ailing Wife. Order Reprints|Today's Paper|Subscribe